Boettger v. Roehling
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. The most prominent issue developed by the record and briefs is that arising out of the attempt of respondent, as plaintiff in attachment, to defeat an inter-pleader, not by maintaining a superior claim to defendant’s title in the property by virtue of the attachment proceedings, but by repudiating all title in the attachment defendant, asserting title in himself independent of his position as…
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Appeal from the St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. The most prominent issue developed by the record and briefs is that arising out of the attempt of respondent, as plaintiff in attachment, to defeat an inter-pleader, not by maintaining a superior claim to defendant’s title in the property by virtue of the attachment proceedings, but by repudiating all title in the attachment defendant, asserting title in himself independent of his position as attachment plaintiff, and in flat contradiction of his affidavit in the attachment suit. As to this issue, we stand upon our…
1Opinion of the Court
ON MOTION FOR REHEARING.
Bland, P. J.
— We approve and appropriate the following from the opinion of Judge Bond, handed down at the October, 1897, term:
“On the 10th of February, 1896, plaintiff brought an attachment suit against defendant, whereunder a stock of merchandise was seized. Three days before the institution of this suit the property in question had been conveyed by defendant in trust to O. O. Hannauer, to secure certain pre-existing creditors. At the time of the levy of the attachment said trustee was in possession of the property under the conveyance to him. After the levy of the…
2Cases cited9 opinions
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Bensieck v. CookSupreme Court of Missouri · 1892
- Johnson-Brinkman Commission Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Napa Valley Wine Co. v. RinehartMissouri Court of Appeals · 1890
- Jacobi v. JacobiSupreme Court of Missouri · 1890
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3Cited by4 opinions
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1905
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1902
- State ex rel. Shipman v. AllenMissouri Court of Appeals · 1908
- Columbia Brewing Co. v. MillerMissouri Court of Appeals · 1907